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Business Broker Listing Agreement Generator for the USA

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Key Requirements PROMPT example:

Business Broker Listing Agreement

"I need a Business Broker Listing Agreement for my retail clothing business in California, with an exclusive 12-month listing period starting January 2025 and a standard 10% commission structure."

Document background
The Business Broker Listing Agreement serves as the foundational document in a business sale transaction, establishing the professional relationship between a business broker and a business owner who intends to sell their business. This agreement is commonly used in the United States when business owners seek professional assistance in marketing and selling their business. The document typically includes detailed provisions about the broker's services, compensation structure, confidentiality requirements, and the parties' respective obligations. It must comply with various federal regulations and state-specific requirements, as business brokerage services are regulated differently across U.S. jurisdictions. The agreement protects both parties' interests by clearly defining the terms of engagement, scope of authority, and conditions for success fees or commissions.
Suggested Sections

1. Parties: Identifies the business broker and the business owner (seller), including full legal names and contact details

2. Background: Outlines the context of the agreement, including brief description of the business and the owner's intention to sell

3. Definitions: Defines key terms used throughout the agreement including 'Business', 'Purchase Price', 'Commission', 'Qualified Buyer'

4. Appointment and Authority: Grants the broker the right to market and facilitate the sale of the business

5. Term and Termination: Specifies the duration of the agreement and conditions for early termination

6. Broker's Services: Details the specific services the broker will provide in marketing and facilitating the sale

7. Commission Structure: Specifies the broker's compensation, including commission rate, payment terms, and when commission is earned

8. Seller's Representations and Warranties: Statements by the seller about the business's condition, ownership, and authority to sell

9. Confidentiality: Provisions regarding the handling and protection of confidential business information

10. Marketing Authorization: Specific permissions regarding how the business can be marketed and advertised

11. Cooperation Requirements: Outlines the seller's obligations to cooperate with the broker

12. Dispute Resolution: Procedures for handling disagreements between parties

13. Governing Law: Specifies the jurisdiction and applicable laws

14. Signatures: Execution block for all parties to sign and date the agreement

Optional Sections

1. Tail Period Provisions: Defines post-termination period during which broker may still earn commission

2. Multiple Broker Coordination: Used when multiple brokers may be involved in the sale

3. International Sale Provisions: Additional terms for businesses marketing to international buyers

4. Industry-Specific Compliance: Special provisions for regulated industries (healthcare, financial services, etc.)

5. Real Estate Components: Additional terms when the business sale includes real property

6. Franchise Requirements: Special provisions for franchised businesses

7. Employee Transition: Terms regarding handling of employee-related matters during sale

8. Intellectual Property: Special provisions for businesses with significant IP assets

Suggested Schedules

1. Schedule A - Business Description: Detailed description of the business, including assets, operations, and financial overview

2. Schedule B - Commission Structure: Detailed breakdown of commission calculations and payment terms

3. Schedule C - Authorized Marketing Materials: List of approved marketing materials and methods

4. Schedule D - Excluded Buyers: List of potential buyers excluded from the agreement

5. Schedule E - Required Disclosures: State-specific required disclosures and forms

6. Appendix 1 - Confidentiality Terms: Detailed confidentiality and non-disclosure provisions

7. Appendix 2 - Due Diligence Checklist: List of documents and information to be provided for due diligence

8. Appendix 3 - Marketing Plan: Detailed marketing strategy and timeline

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




























Clauses


































Relevant Industries

Real Estate

Professional Services

Retail

Manufacturing

Healthcare

Technology

Hospitality

Construction

Transportation

Financial Services

Education

Agriculture

Entertainment

Industrial Services

Consumer Services

Relevant Teams

Legal

Finance

Corporate Development

Mergers & Acquisitions

Business Development

Executive Leadership

Compliance

Risk Management

Commercial Operations

Advisory Services

Relevant Roles

Business Broker

Business Owner

CEO

CFO

General Counsel

Corporate Lawyer

Business Development Manager

M&A Director

Corporate Development Officer

Business Valuation Specialist

Transaction Advisory Manager

Commercial Director

Managing Director

Partner

Business Transfer Agent

Compliance Officer

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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